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Analysis of Judicial Systems and Sustainability

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Added on  2020/10/05

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The provided document appears to be an assignment that involves analyzing judicial systems and their relationship with sustainability. The text includes references to several patents and publications on topics such as point-of-sale inductive systems, nonvolatile nanotube diodes, and recommender systems. It also mentions the domestication of children's rights in national legal systems. The summary suggests that the assignment requires a critical examination of judicial systems and their impact on community welfare.

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Legal Methods and System

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Table of Contents
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Introduction
The Judiciary is the arm of the government which is responsible for governing the justice
in the society. For this the government has made a system of court. This system of courts helps
the government in resolving the conflict that arise out of operation of laws (Baarman, and et. al.,
2015). This involves the application of remedy and the retaliation of the offenders of the law.
The courts of United Kingdom are the organization which aims to deliver the justice. Whether by
the means of convicting someone for doing the wrong or resolving the disputes that have
breached the law. This report gives the brief understanding about the legal structure of the courts
in UK and there is also a brief about the understanding that has been developed while attending
the court session.
Part A
The magistrate's courts are given the power to try minor offences conducted by the
society, while the the more serious offences are referred to the crown courts. There are appellate
courts which include the courts of appeal and the supreme court (Bertin and et. al., 2018). To
obtain the better understanding of working of UK legal system the court visit has been initiated.
The criminal matters are heard by Magistrate's courts. These courts hear the proceedings and are
presided by the magistrate's and the proceedings in this court are oral and open for the public
excluding the exceptions. The members who are responsible for doing the task of organisation
and operations of the magistrate court are explained below:
District judge: They are the judges who are also known as the stipendiary magistrates.
These are permanently employed by the ministry of justice. To qualify this position a law degree
and 5 years of experience are necessary. They usually hear the long and the complex matters.
Magistrates: In a magistrate's court the cases that are less complex are judged by the
magistrates or lay judges. They are the representatives from the local citizens of good character,
mature personality and those who have a sound judgement making power (Ricci, Rokach, and
Shapira, 2015). They sit in the adult criminal courts. The lead magistrate is also known as the
chairman.
Deputy District judges: they are the part time judges paid for the sitting days. They
usually sits for 15 days in a year. If the District judge is not available then they play their role
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During the visit to the court it was observed that the courtroom activities can be observed
from the public galleries. This implementation makes the legal process open and transparent to
the public. During the visit their were both the family members and the journalist watching the
proceedings of the court. The case that was running was for sentencing the defendant for
possession of the drugs with intent to supply of class A under section 4 of misuse of drug act
1977 (Boelens, and Vos, 2014). The judge hearing the trial was a district judge. When the
defendant arrived in the court he was directed to be seated in the defendants box. The defendant
was little late in arriving at the hearing. Then the prosecuting barrister began with her opening
statement. The terms of the case were relatively simple and could be easily understood. The
support and the repetition of the judge seemed to be helpful for the jury. The case was not
concerned with creating the awareness of the law but was more emphasised on establishing the
charge (Rhoads, et. al., 2012). There were three witness which were called by the prosecutor and
all of them were the police officer. The court was adjourned after the cross examination of the
third witness and the trial was to be continued later on the next day. So the examination for the
report was not able to be done in full.
As of the decision after hearing the facts the conclusion that can be brought is that the
defendant had breached the law and was not working for the betterment of the society. The
defendant should admit the charges that were admitted on him.
Part B
Magistrates a judicial beast of burden
As the expression lay people means the engagement of the ordinary and the legally not
qualified people. As UK has the history of taking the societal people in the legal system. They
becomes the part of the magistrate's court and the crown courts (Chase, et. al., 2012). In this
court mainly the maximum cases are heard by the magistrate's. These magistrate's plays a vital
part in the in decision making as they have the best knowledge about the society. They are not
being paid for their work. They work as a volunteer for the society. They bench consist of the
three members.
Qualifications for appointment of the magistrate
The magistrate of the court should be of sound judgement, social awareness, good
character and understanding. Some other qualifications that are to be fulfilled for becoming a
magistrate are,
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The person should be aged between 18 to 65 years
The individual should not be bankrupt or insolvent.
The person should not be convicted of criminal offence.
The recruitment of the magistrate is done by the secretary of the state for justice and the lord
chancellor which is further transferred to the local advisory committees (Reichert, and Weber,
2012). The interviews are conducted by the local advisory committees and the selected
candidates are then recommended to the presiding judge. The time period for the appointment
process differs from the factors such as application numbers.
Interviews
There are two stages for the person who want to become magistrate's. There is a body of
three persons who conduct the interview and are called the local advisory committee. The fist
stage checks the contents of the application filed by the applicant (Buede, and Miller, 2016).
The knowledge about the society and the knowledge of certain social laws are judged here. The
good character and the background of the applicant is checked and judged here. After this the
second stage comes that analysis the applicants judicial interpretation aptitude.
References
The applicant who is applying for becoming the magistrate has to give at least three
references of the societal people for the character that he has. References should know that if the
applicant has fulfilled the qualities required for the role.
Post interview
The interview conducted should not be considered as the basis of the appointment for the
role of magistrate (Laracey, Paydiant 2013). The score is given to the applicant by the panel and
then takes the decision accordingly.
Disclosure about the service
The applicant then has to go through the DBS check that will be arranged by the local
advisory committee so that they get ensure that they is no criminal charges or records on the
selected applicants.
Then the applicants who are selected are appointed by the lord chancellor on the basis of
the local committee. The magistrates have to be present in the court for a minimum 15 days or 30
half days in a year. They does not get the salary they are given the allowances for example travel
allowances, rent allowances etc.
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Training
The court decides the areas where the magistrate has to be appointed. This depends on the
amount of work in that area. Once they are appointed as the magistrate they have to undergone
the training programme which is a continuous process (Chang, et. al., 2014). The new
magistrate's has to be guided under the leadership of the old ones and their progress is then
recorded. They have to go through the various session before becoming the judge of for any case.
Role of magistrates
As the magistrates are called as the justice for peace, they are responsible for providing
justice to the society. Over the years the role of the magistrate's have changed with the changing
demand of society and community (D'Agostino, and et. al., 2013). The modern summary judicial
system is made up by the magistrate's. They deal about maximum part of the cases which are
criminal. They also deals in the civil matters. They also sits in the family court dealing with the
matter of welfare of the children. The individuals can nowadays directly apply for becoming the
magistrates in the family courts.
Magistrate's plays a vital role in the changing society. The magistrate's will always
remain in the heart of the UK legal system and will form the important part of the legislation.
This statement suggest that the judiciary are not the judicial beast but are the heart of the UK's
judiciary.
Part C
The visits to courts are always the best part for the student of law. They give them the
logic to understand the theoretical concepts and relate them in the real life. If the students are
taken more to the practical world then they will be able to retain the provisions that they have
learned through text in a much better way (Casillas, Cordón, Triguero, and Magdalena, 2013).
The court visits provide them the understanding of the legal system and its functioning. The
courts in UK administers the legal system in UK. The visits court would help them understand
and will enable them to bring closer to the legal structure of the country. As in the report the
magistrate's court was visited in London. This helped in understanding and knowing the structure
that is involved in creating the court. The responsibilities that they plays are better understood by
this. How the court works and how it takes the decision is understood by going to the
magistrate's court (Forster,et. al., 2013). Visiting the court and hearing the proceedings of the
case not only gives the insight about the practical knowledge but also helped to understand the
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legal ethic and regulations that are followed by the barristers and the solicitors. After going
through the proceedings it gives the knowledge of how the case is proceeded and how the
charges are read out by the judge. Also noticed that people can see the case and can hear the
proceedings by sitting in the area known as public gallery.
This type of court visit can help the student in deciding the career path. They can got to
know their interest is in which sector which may be criminal or civil (Keeling, and Keeling,
EnaGea 2013). This type of visits helps the student in tapering down the career options and are
educative for the students to understand how the law functions.
Conclusion
The conclusion can be made from this report in the context that legal system in UK is
governed by the court and there are different court which are working according to their roles
and functions. The Magistrate system is the main body on which the whole system of law
depends. The visits in the court by the student helps them in understanding the legal procedures
and how the legal system works. They also get to know the courts way of doing the work. The
magistrates are not the judicial beast of for the society rather they work for the welfare of the
community.
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References
Books and Authors
Baarman, D.W., and et. al., 2015. Point of sale inductive systems and methods. U.S. Patent
9,027,840.
Bertin, C.L., and et. al., 2018. Nonvolatile nanotube diodes and nonvolatile nanotube blocks and
systems using same and methods of making same. U.S. Patent 9,911,743.
Boelens, R. and Vos, J., 2014. Legal pluralism, hydraulic property creation and sustainability:
the materialized nature of water rights in user-managed systems. Current Opinion in
Environmental Sustainability. 11. pp.55-62.
Buede, D.M. and Miller, W.D., 2016. The engineering design of systems: models and methods.
John Wiley & Sons.
Casillas, J., Cordón, O., Triguero, F.H. and Magdalena, L. eds., 2013. Interpretability issues in
fuzzy modeling (Vol. 128). Springer.
Chang, J.Y., et. al., 2014. Devices, systems and methods useable for treating sinusitis. U.S.
Patent 8,828,041.
Chase, C.J., et. al., 2012. Systems, methods, and devices for monitoring networks. U.S. Patent
8,228,818.
D'Agostino, M., and et. al., 2013. Handbook of tableau methods. Springer Science & Business
Media.
Forster, D.C., et. al., 2013. Prosthetic heart valves, scaffolding structures, and systems and
methods for implantation of same. U.S. Patent 8,430,925.
Keeling, O.J. and Keeling, P.L., EnaGea LLC, 2013. Heating and cooling control methods and
systems. U.S. Patent 8,543,244.
Laracey, K., Paydiant Inc, 2013. Mobile phone payment processing methods and systems. U.S.
Patent 8,380,177.
Reichert, M. and Weber, B., 2012. Enabling flexibility in process-aware information systems:
challenges, methods, technologies. Springer Science & Business Media.
Rhoads, G.B., et. al., 2012. Intuitive computing methods and systems. U.S. Patent 8,121,618.
Ricci, F., Rokach, L. and Shapira, B., 2015. Recommender systems: introduction and challenges.
In Recommender systems handbook (pp. 1-34). Springer, Boston, MA.
Sloth-Nielsen, J., 2016. Domestication of children’s rights in national legal systems in African
context: Progress and prospects. In Children's Rights in Africa (pp. 63-82). Routledge.
Swix, S.R., and et. al., 2012. Methods and systems for providing targeted content. U.S. Patent
8,132,202.
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